Includes a building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours on a daily basis.

Includes, except as hereinafter expressly provided, any person, either
principal or agent, who from any public street or public place or by going
from house to house or place of business to place of business, on foot or
on or from any vehicle, sells or barters, offers for sale or barters, or carries
or exposes for sale or barter any goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value, except milk, newspapers and
food distributed on regular customer routes.

Includes any person who goes from place to place or house to house
or by telephone or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines, periodicals
or any other item or items of value (except newspapers or milk), or for services
to be performed in the future, or for making, manufacturing, or repairing
any article or thing whatsoever for future delivery. The term "solicitor"
shall, however, also mean and include any person taking or offering to take
orders for goods, wares or merchandise, books, magazines, periodicals or any
other item or items of value (except newspapers or milk), or for services
to be performed in the future or for making, manufacturing, or repairing any
article or thing whatsoever for future delivery at the home or residence of
any person who has been solicited prior thereto by telephone, or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.

To any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County Clerk
as provided by § 32 of the General Business Law of the State of
New York.

Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organization shall register
annually with the Town Clerk in the event they plan to engage in vending,
hawking, peddling or soliciting, and shall indicate the type of activities
to be undertaken and the time when they will be performed.

Interstate commerce. This chapter also shall not apply
so as unlawfully to interfere with interstate commerce, and to that end all
persons claiming to be engaged in interstate commerce or claiming any of the
exemptions hereinabove set forth, shall apply to the Town Clerk for a certificate
of exemption, using the form supplied by the Town Clerk's office, the applicant
shall also submit to the Town Clerk satisfactory evidence that he or she is
engaged in interstate commerce.

Certificate of exemption. When the applicant shall have established to the satisfaction of the Town Clerk that he or she is engaged in interstate commerce, or is entitled to one or more of the above exemptions, the Town Clerk shall issue to him or her, without charge, a certificate of exemption, stating among other things, that such person has complied with the requirements of this section and has satisfactorily established that he or she is engaged in interstate commerce or entitled to an exemption under Subsections A and B. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this chapter.

It shall be unlawful for any person within the corporate limits of the
Town to act as a hawker, peddler or solicitor as herein defined or assist
same without first having obtained and paid for, and having in force and effect,
a license therefor.

Any person desiring to procure a license as herein provided
shall file with the Town Clerk a written application upon a form furnished
by the Town Clerk and shall file at the same time satisfactory proof of good
character. Such application shall give:

If applicable, such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying that all
weighing and measuring devices to be used by the applicant have been examined
and approved.

An application for a license as a solicitor who demands, accepts or
receives payment or deposit of money in advance of final delivery, shall also
be accompanied by a cash deposit of $5,000 or a five-thousand-dollar surety
company bond or other bond secured by sufficient collateral, said bond to
be approved by the Town Attorney as to form and surety conditioned for making
a final delivery of the goods, wares, or merchandise ordered, or services
to be performed in accordance with the terms of such order or failing therein,
that the advance payment on such order be refunded. Any person aggrieved by
the action of any licensed solicitor shall have the right by action on the
bond for the recovery of money or damages, or both. Such bond shall remain
in full force and effect, and in case of a cash deposit, such deposit shall
be retained by the Town for a period of 90 days after the expiration of any
such license, unless sooner released by the Town Board.

Upon the filing of the application, bond and certificate as provided in the preceding section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 396-3. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which in the judgment of the Town Clerk renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Town Clerk may also refuse a license to any person who in his judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.

Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate in lieu thereof, under the original
application and bond may be issued by the Town Clerk upon the filing with
him by the licensee of an affidavit setting forth the circumstances of the
loss, and what, if any, search has been made for its recovery.

All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in that order in which they
are issued and shall state clearly the kind of vehicle to be used, the kind
of goods, wares and merchandise to be sold or service to be rendered, the
number of his license, the date of issuance and expiration of the license,
fee paid and the name and address of the licensee.

The license fee for each person licensed as a hawker,
peddler or solicitor shall be as set from time to time by resolution of the
Town Board, as follows: for a period of six months or less; and for a period
in excess of six months but for not more than one year.[1]

The license fee for each person licensed to assist a
hawker, peddler or solicitor shall be as set from time to time by resolution
of the Town Board, as follows: for a period of six months or less; and for
a period in excess of six months but for not more than one year.[2]

For the purpose of this chapter, a person who assists
a hawker, peddler or solicitor shall be deemed to be any person who participates
in delivering merchandise or any other items sold, performs any services in
or about the customer's premises or otherwise generally renders aid or assistance,
except participation in selling or soliciting orders.

It shall be unlawful for any person to enter upon private
property for the purpose of peddling or so soliciting before the hour of 9:00
a.m. of any day or after the hour of 7:00 p.m. of any day except upon the
invitation of the householder or occupant.

It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents," or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.

No peddler or solicitor shall peddle, vend, or sell his
goods or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall be permit his cart, wagon
or vehicle to stand on any public highway within said distance of such school
property.

No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the Town.

It shall be unlawful to create or maintain any booth
or stand or place any barrels, boxes, crates or other obstructions upon any
street or public place for the purpose of selling or exposing for sale any
goods, ware or merchandise.

No peddler or solicitor shall, in order to effectuate
or assist in any sale or solicitation, represent that he is engaged in any
contest or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.

Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.

Entering upon private property without prior permission.
Notwithstanding any other provision in this chapter, no person shall enter
upon any private residential property in the Town of Southport, for the purpose
of vending, peddling or soliciting an order for any merchandise, device, work,
services, book, periodical or printed matter whatsoever; nor for the purpose
of soliciting alms or a subscription or a contribution to any church, charitable
or public institution; nor for the purpose of distributing any handbill, pamphlet,
tract, notice, or advertising matter; nor for the purpose of selling or distributing
any ticket or chance whatsoever without the consent of the occupant of said
premises previously given; provided, however, this shall not apply to volunteer
firemen or any organization, the principal beneficiaries of which are minors
or for members of a church, or similar organization from soliciting its own
membership.

All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing
made in duplicate, stating the terms thereof and the amount paid in advance,
and one copy shall be given to the purchaser at the time the deposit is paid
to the solicitor.

It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter giving the
number and date of each license, the fee paid and the date of revocation of
all licenses revoked.